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Labour Court

University of Zimbabwe v Patience Mukwambo

JUDGMENT NO. LC/H/737/13

Case Details

Court
Labour Court
Date
31 January 2014
Citation
JUDGMENT NO. LC/H/737/13
Neutral Citation
[2013] ZWLC 737
Judgment No.
LC/H/737/13
Outcome
unknown
Case Type
Appeal

Bench

Presiding
E. Makamure
Full Bench
E. Makamure
Areas of Law
Labour LawCivil Procedure
Keywords
question of lawmitigation of lossdamages in lieu of reinstatementpoint in limine
Tags
damagesappealarbitrator decision
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the grounds of appeal raise questions of law or factual issues as required by Section 98(10) of the Labour Act","issue_type":"procedural","dispositive":"yes","related_facts":"The three grounds of appeal alleging misdirection on factual findings"}
  • {"issue_text":"Whether the arbitrator's decision was wholly unreasonable or involved gross misdirection warranting interference","issue_type":"law","dispositive":"yes","related_facts":"The arbitrator's calculation of damages and salary"}
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background
Facts of the Case

Background

The appellant appealed against an arbitrator's decision awarding the respondent 24 months' salary as damages in lieu of reinstatement. The respondent raised a preliminary point arguing the appeal raised factual issues, not questions of law as required by statute. The court upheld the preliminary point and dismissed the appeal.
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